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FreeLaw Project Portfolio
2014
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“Each time a man... acts to improve the lot of others, or strikes out against injustice, he sends forth a
tiny ripple of hope... those ripples build a current which can sweep down the mightiest walls of
oppression and resistance.”
The words of Robert F. Kennedy convey the idea that within each person is the small power to make
a big difference. This speaks volumes about the principle idea behind pro bono organisations such as
FreeLaw and what it means to be a member working with the most vulnerable and less affluent
members of society. For its clients FreeLaw represents the hope that justice can be sought regardless
of financial circumstances. The work of the organisation has always been invaluable however;
following a vast reduction in the people eligible for legal aid, the clinic has seen its intake of clients
increase dramatically during the latest academic year. Due to this rise in demand, FreeLaw has
responded and now consists of eight student teams, each led by two team leaders. All research and
advice is ratified and supervised by qualified senior members of staff before being relayed to clients,
with the organisation’s own standard of expectation that clients will receive their first letter of legal
assistance within two weeks of their initial interview at the clinic. The aim of FreeLaw is to provide
a public service whilst simultaneously breaking through the boundaries of academia, allowing
students the opportunity to move beyond formal teaching and enabling them to gain insight and
experience of real practice.
This portfolio will contain a presentation of my two most prominent cases, the process in which they
were conducted and any challenges that arose and were overcome. I will also reflect upon my time as
a team leader, demonstrating how I developed my management skills as the year progressed in order
to become more productive and responsive. I will also evidence how I have utilised my innovative
skills within the FreeLaw clinic in order to expand and develop the quality of its services and strive
for a successful future.
3
Client A
First Contact
Client A became aware of FreeLaw as a result of reading one of the clinic’s flyers. She initially made
telephone contact in order to arrange a time for a face to face initial interview. An unidentified
FreeLaw colleague informed her that drop-in sessions were conducted from 1-3pm every Wednesday
afternoon. Subsequently Client A’s arrival with her sister coincided with the first official clinic
session for myself, my co-team leader (RC) and the rest of our team and we had not been pre-
informed of Client A’s appointment. I consequently invited her for interview alone whilst RC
inducted our team in what the year of FreeLaw would entail. In hindsight due to the lengthy
interview it would have been appropriate to have asked an experienced third year colleague to assist
me in the interview, as producing a second set of interview minutes would have proved prudent and
beneficial.
Reflection on Interview
The client had made contact with the clinic after a long dispute with the defendant, who I shall refer
to as BD, involving a disputed refund of purchase money made. Full minutes of the interview are
located in Appendix A. It was clear from the start of the interview that the client and her sister were
deeply distressed by their experience with BD. Due to this I tried to implement active listening
techniques such as head nodding, recapitulations and minimal encourages in order to comfort and
reassure the client. As I had no prior knowledge of the case I initially used open ended questions,
allowing the client to explain in depth the facts of the case. However, the core issue of the case soon
became apparent, subsequently I narrowed my questions to give the interview structure and purpose
in an effort to minimise irrelevant information disclosure. Although this helped to progress the
interview to a certain extent, the client at points became so distressed that she had to pause in an
effort to compose herself. During my three years of working at the clinic I have come to understand
that most cases are extremely personal and often distressing in nature to the client when being
recounted. Although I was conscious of the time constraints, I wanted my client to feel secure and
not pressured in the FreeLaw environment. Consequently I allowed her to take her time in her
explanation of the facts. This subsequently led to the interview’s duration being lengthily, despite my
attempts to target crucial information.
4
Reflection on Researchand Advice
After assigning the case to five members of the group and productive discussion of the case facts, we
decided that the appropriate legal dispute would stem from a commercial standpoint concerning the
sale of goods. Initial research concerning different aspects of the case was distributed between the
members who then uploaded them onto the clinic’s database. Part of this research is evidenced in
Appendix B. I conducted research into Campylobacteriosis the illness to which the puppies had
allegedly died from and discovered that the incubation period is typically two to four days. From the
facts stated by the client this would mean that the dogs had caught the disease whist in the care of
BD. Upon this discovery I called another meeting with the members of the group working on the
case in order to discuss this new lead. Together we determined that any hopes of settlement were
confined in s 14 (2A) of the Sale of Goods Act 1979 although we surmised that the apparent
character of BD would mean that settlement was unlikely.
The client had informed us that she had a designated case manager assisting with the case from the
Citizens Advice Bureau, who we immediately contacted. Although at first we were delighted with
the prospect of another organisation’s assistance, this later proved to be problematic as the case
manager was hard to make contact with due to their working hours and that they actually had no
specific legal knowledge when it came to dealing with Sales of Goods issues. Due to this, RC and I
made an executive decision not to use the case manager to assist with our research, with the time it
took to contact and decipher information proving to be wasteful and consequently hindering the case.
From a reflective outlook this was the right decision as the group were free to conduct their own set
research and start to produce advice without the constraints of a third party. This also made the case
more manageable from a leader’s perspective.
The first advice letter for this case was sent to the client the week following the initial formal
interview and therefore within standard timescale. It detailed the point of law we intended to use to
gain a refund of the client’s money, followed by clear instructions for the client in the event that she
should receive her refund. The client made it clear that she was not confident with using email as a
method of communication. In anticipation of this I stated in the advice letter that she was welcome to
ring the clinic directly, rather than emailing, should she have any further questions or enquiries as to
our research. The client seemed reassured by this as she rang the clinic just days later in order to
thank us for our work and to reflect on our findings. Following the initial interview and frequent
telephone contact, I built a professional rapport with the client which enabled me to direct phone
calls through the use of narrow questions in order to limit any irrelevant information to which the
5
client was prone. Due to this rapport, the client did not interpret my questions as being
unsympathetic, but rather she understood that they were simply to make our conversations more
concise and productive. This she seemed thankful for during the later stages of the case and
consequently I was pleased with the progression we were able to make together.
Reflection of Overall Client Experience
After each member had conducted their assigned research I formulated a letter to be sent to BD with
the aim to retrieve the sought after refund of purchase money without having to file a claim to court.
This letter can be seen in Appendix C. BD’s reaction to this letter was an incredibly aggressive letter
of response and the first time that I had experienced such a belligerent reaction whilst working at the
clinic. It allowed me to truly test my skills as a leader by demonstrating authority and reliance. After
calling a meeting with the rest of the team we unanimously decided on an appropriate response to
BD’s letter, simply restating our position and thus that of our client in requiring the refund of
purchase money by reiterating the position of the law citing the relevant authority.
The client was informed of the response given by BD and asked for their opinion on the matter. I
have learned through my years at the clinic that a vital part of legal practice is good client
communication, that as solicitor’s it is our job to be instructed by our clients and to gain their
thoughts and desired response before conducting a new direction for research. Especially in
circumstances such as this, where clients are true laymen of the law, it is important not only to clarify
that your actions are subject to their direction but also what different avenues of direction are
available to them, enabling them to make informed decisions. We informed the client that their
greatest chance of success would be to proceed to the small claims court. It was understood that this
prospect may have been incredibly intimidating, so I requested a letter to be drafted by a member of
the team clearly stating the court’s process and formalities which can be seen in Appendix D. As a
result of this letter the client was able to make a fully informed decision as to whether they wished to
proceed to court which in turn enabled her to feel reassured as to the decision she was making.
Unfortunately at the time of this response our client had suffered a personal tragedy and felt unable
to pursue her case. Although the team were keen to progress the case further by following through
with our proposed course of action to BD about proceeding to the small claims court, I had to
conduct authority by reiterating the fact that it is for the client to make such decisions and that at this
sensitive time we should be respectful of her altered circumstance. As a result I promptly made
telephone contact with the client prior to the Easter vacation to inform her that we would be in
6
contact the following month to discuss her instruction. In doing so our team relieved the client of any
pressure she may have felt towards the case, and was reassured that it was still active. Upon
contacting the client after the academic break she decided that she no longer wanted to continue with
proceedings to the small claims court and therefore with her agreement, closed her case.
Personal Reflection
This was my first case conducted as a team leader in the clinic. I have gained invaluable experience
in dealing with difficult respondents and overseeing the work of my group as well as developing
effective interview techniques and subsequent communication. In particular, formulating letters to a
difficult respondent taught me how to deal with confrontation in practice and that criticism is not
conducted on a personal level. I learnt that it is imperative for both your clinic and your client to
stand by your convictions and to have confidence in your legal authority in order to produce results.
This case increased my confidence levels as a practioner and prepared me for the remainder of the
academic year as both a member and team leader of FreeLaw.
7
Client B- FS
Client B had made contact with the FreeLaw clinic via email and was originally allocated to a
different team, however due to several of my cases concluding, I volunteered to lead the interview.
The teams within FreeLaw are mutually supportive of each other and participate in workload re-
distribution to manage time effectively and provide an efficient service. RC and I were informed
prior to the interview the case concerned an Employment Appeal Tribunal (EAT). We therefore then
conducted research into the general process of an EAT to gain a basic knowledge and understanding
before meeting with Client B.
Client Interview
Client B’s interview was conducted by myself and three accompanying group members. Normally
RC and I would refrain from using so many members to interview, however we were advised that
Client B’s case was complex and therefore felt that two scribes were needed alongside two speakers.
This strategy proved successful as me and a fellow speaker afforded our full attention by engaging
with the client directly with frequent eye contact and using reassuring non verbal communication.
This also allowed for two sets of interview minutes to be compiled thus ensuring that all information
was documented from the client, as evidenced by Appendix E.
Similar to the aforementioned case, Client B’s interview was extremely long as the facts of the case
were spread over the last twenty years. Due to this long dispute and varying dispute with her
employer, it was decided that the interview minutes should take the form of table, so all the different
issues could be easily organised and accessed. The is evidenced in Appendix F. It was apparent from
the interview onset the client had prepared exactly what she was going to disclose, therefore I used
open questions to allow her the freedom to detail the facts. However, as the interview progressed she
was engaged in closed questioning to help prevent her deviating from the main issues. Client B had
an accent that was at times difficult to understand. This meant that clarification was often needed to
ensure that we had heard and understood her correctly. On reflection I feel that I could have directed
the interview with the use of narrow questions earlier then I did. The reason for not doing this I
believe is that I still lacked the confidence to executively decide whether certain facts were relevant
to the case. By continuing to work with FreeLaw next year I feel that my confidence and legal
instinct will develop and I will be able to direct the client towards a more structured style interview.
8
Researchand Advice
Due to the facts of the case taking place on various different dates dating back twenty years it was
extremely difficult to pin point the legal issues relevant to the particular incidents. In concluding the
initial interview we attempted to establish Client B’s expectations of FreeLaw’s input, however in
reality I do not think she truly understood the case herself and was therefore unable to give us much
guidance. After reading through her case bundle and researching the key facts she presented, we
realised that what the client sought from the clinic was not of a strictly legal basis but rather a
procedural one. Upon this realisation we were then able to focus our research on procedural
processes specifically relating to EAT’s, how the hearings are conducted and what is required in the
bundle. In particular the client required us to formulate a bundle index, and then file its information
in accordance to it. The research conducted into this is evidenced in Appendix G. The client was also
persistent in wanting to know the likelihood of her case’s success, for this we conducted research
into case law that bore similar facts to that of the client. Subsequently we found the case of Davies v
Sandwell Metropolitan Borough Council1 which portrayed almost identical facts to Client B’s case.
From this we had a good indication as to how the judge may receive the case and therefore we were
able to direct the client, that the outcome may not be favourable. Her demanding, confrontational
manner was initially difficult to manage as I did not want to upset her. However, I understand that it
was my responsibility as group leader to be honest with clients and not to let my own feelings hinder
that of my professional duty to inform clients with candid feedback. This case has further developed
my professional confidence to act in a direct, yet personable and sensitive manner when informing
clients of disappointing news.
1 (Rev 1) [2013] EWCA Civ 135
9
Development as a Team Leader
The Role of the Partnership
As a newly fledged group leader certain core responsibilities are required in order to create a
foundation of skills to which our own style is incorporated and built upon. Such responsibilities
included effective communication with supervisors, fellow leaders and team members, adopting a
procedural style to maintaining client files and reminders of clinic sessions. All these are aimed at
promoting the successful running of our FreeLaw team.
At the beginning of the year RC and I discussed how we were going to build upon these core ideas in
order to adapt them to our own style of leadership. The primary goal was to keep everyone working
and constantly progressing. Initially, we decided to create a list of objectives and tasks to complete
before every clinic session. This proved to be incredibly useful as it allowed us to structure each
session, set out a list of aims for our time in the lodge and increased productivity and time
management. Although we were not always able to complete all our set objectives it allowed us to
keep track of what had been achieved, and what was yet to be completed. As the year progressed we
were able to better understand what our team were capable of achieving in our set clinic sessions and
what tasks would be too ambitious.
We decided that one of us would be the main convenor for each new case, alternating each time
depending on current case load and specific knowledge of the legal issue. This allowed our group to
have one clear leader for each case to whom they would direct all questions and send all letters to be
checked. This avoided miscommunication and duplication as co team leaders. Due to this practice,
RC and I also agreed to meet monthly, separate to our members, in order to discuss case
development and file management whilst also providing peer support. This facilitated
communication between both us and the group.
Our only significant challenge lay in our chosen method of case distribution. From the beginning
both RC and I maintained that our members should be able to choose the cases they wanted to work
on based on interest in the area of law or as a result of module speciality. For the first two weeks this
worked well everyone had demonstrated eagerness and willingness to participate in most cases.
However, as academic pressures ensued, group members would not only stop volunteering for cases
but would actively refuse them due to academic assignments. This was concerning for RC and
myself, who agreed that this reticence had to be promptly addressed. As I am more extroverted than
10
my fellow team leader, I emailed the group stating our expectation of their commitment to the
FreeLaw work load on the matter. This is evidenced in Appendix H. This assertive style of
leadership was not something I had practiced before becoming a group leader but proved to be
incredibly effective. I was cautious not to lose the respect of my team members or alienate them
whilst also trying to effectively communicate the importance of voluntary participation. I feel that
my timely communication achieved this goal as each and every member stepped up in response.
Since then we have not experienced any problems and each member is able to work on cases they
truly find interesting. I believe this aspect to leadership and delegation is vital to a voluntary
organisation such as FreeLaw as it allows members to work on cases that they find fascinating, thus
improving their quality of advice and work productivity.
The most prominent lesson that both myself and my fellow team leader have learnt collectively has
been to delegate. During semester one, having been used to working on our own cases over the past
two years, we found it difficult to trust others with research and letter writing. This is something we
both recognised and acknowledged within the first few weeks of office and were therefore able to
rectify this going into the latter half of the semester. In doing so, our members demonstrated
commitment and professionalism, reassuring us that they were more than capable of handling such
responsibilities.
Personal Reflection of Leadership
In terms of my own personal leadership style, I feel that it is important to remember that your
members are a reflection of you. By acting personally in an honest, ethical and respectful way then
team members will follow suit. I tried to adopt a more transformational style of leadership, aiming to
inspire members to achieve their potential through a charismatic style in order to bring a level of
energy to clinic sessions. The focus of this approach was on organising, supporting and developing
the team. Leading by example, I tried to create a positive work environment to maintain team
morale. I achieved this by sending encouraging group messages, engaging the quieter members into
conversation, arranging for social meetings outside of clinic sessions and forwarding ‘Thank you’
letters sent by clients. An example of such a letter can be seen in Appendix I.
I feel that my experience as a Team Leader has allowed me gain new skills such as delegation and
assertiveness, whilst enabling me to develop those that already existed such as procedural skills and
effective inter-team communication and time management. This level of responsibility has enabled
11
me to gain transferable skills which will prove invaluable to the progression of my future career in
practice.
12
Additional Information about Involvement with FreeLaw
Boon A (1996) talks about the reflective process a student must complete in order to develop
understanding from not just an academic perspective but from one of a practicing solicitor. During
my three years working at the clinic I have been able to reflect not only on my personal experience
as student advisor, but also how clients view the standard of service which FreeLaw provides.
Consequently I decided to assess the facilities that were currently being provided by the clinic to see
if there was any way in which FreeLaw could change to provide a better quality of service for its
clients.
Reasonable Adjustments Policy
Upon this evaluation I recognised that there was a serious issue concerning the service that was
currently provided to disabled clients. In terms of those suffering from a physical disability, although
there is a level access point to the FreeLaw lodge, all interviews were conducted up a flight of steep
and narrow stairs. For people using wheelchairs or with general mobility issues an inability to
negotiate stairs would render the interview process difficult in some cases impossible. Furthermore,
this issue would not come to light until the client had entered the clinic for the first time, thus
highlighting the lack of adjustments in place for the client and making initial contact an embarrassing
and unprofessional experience for both client and group member. In order to rectify this I believed
that clients should be given the opportunity to inform the clinic prior to their interview if they had
any special requirements that we needed to be aware off. Therefore, if informed we could then make
reasonable adjustments ahead of any contact, such as finding level access rooms for those with
mobility issues or change the method of contact should the client suffer from a learning difficulty
such as dyslexia.
To implement this practice I decided to draft a letter which would be sent to clients before their
initial interview asking them to inform us if they would like us to accommodate any needs as a result
of a mental health, learning difficulty or physical disability as defined by the Equality Act 2010. My
original letter and the amended final version can be seen in Appendix J. At first my supervisor
agreed this to be an innovative idea and placed the letter as an addition to the initial letter which was
automatically sent to each new client. However, this process was flawed as the initial letter is sent
after the client’s interview, therefore making the information gained not timely to effective action.
Instead, it was decided that the most appropriate place for the information would be on FreeLaw’s
newly formed website where clients could read the information and use an online messaging system
13
in order to inform members of any adjustments needed prior to their interview. Although the
information is yet to go live, I believe that it will bring the clinic in line with professional practices’
policies on disabled access and better improve the quality of service that FreeLaw provides.
End of SemesterNotification Documents
Despite numerous template documents formulated by current and past students located on the
FreeLaw database I noticed that there was no specific template letter for when the clinic closed for
Christmas and Easter vacation periods. I found this to be problematic for my group throughout the
years as some students would send advice letters to clients detailing advice coinciding with the fact
that we would be closed for the holiday duration, whilst others would send out separate letters
detailing this. Not only did this waste a significant amount of time and effort, it also looks very
unprofessional and portrays to clients a lack of communication between members in the clinic.
Accordingly I drafted a template letter that can be seen in Appendix K. Now group leaders can
instruct their members to send out a copy of this template letter to each of their clients before the
clinic’s closure every semester. This ensures that all clients are kept well informed of the clinic’s
availability and allows for a professional and uniformed method of practice.
Member’s Questionnaire
During a meeting between RC and me, we discussed other avenues of opportunity in order to
improve the service that FreeLaw provides. Together we thought that the client survey which was
already in place was an excellent idea, but that this could be expanded upon by developing one
purposefully designed for the student members of FreeLaw so leaders could be informed of their
experiences to date through constructive feedback. RC and I thought that we could formulate this
survey and trial it within our own group in order to decide if it needed to be amended. The survey
can be seen in Appendix L.
Our first issue was that the scale used to describe the quality of experienced ranged from 1, equating
to strongly disagreeing, to 5, to strongly agree. Unfortunately many of our members were confused
by this scale and thought that it was inverted. This is something we amended before allowing the
other group leaders to distribute the survey to their group. Our second issue was that of
confidentiality. When drafting the survey we implemented an additional comments section in order
for students to express individual concerns or requests relating to interviews and research tasks.
Although we wanted the surveys to be confidential in order to obtain honest answers, we were faced
with the dilemma that the surveys would not be achieving their intended purpose if individual
14
students expressly wished to increase/ decrease their FreeLaw responsibilities. After deciding to
leave the additional comments section in the survey, students are able to keep their identity unknown
by leaving the section blank and instead they may approach their leaders in person aside from the
survey in order to discuss any individual concerns they may have.
Once we had finalised the content of the survey we distributed it to all our fellow group leaders, who
in turn asked their members to complete and send it back. The final student survey report and results
gathered from all the groups can be seen in Appendix M. Upon reflection I feel the survey was
needed in order to gain a true perspective of student’s opinions of their FreeLaw experience. This is
important as FreeLaw must recognise the value of its member’s hard work and strive to improve
aspects which require development. By doing this, FreeLaw can be constantly improving the way in
which its services are conducted and continue to grow and succeed long into the future.
Conclusion
The three years experience I have had working in the FreeLaw clinic initially as a team member and
then leader have proved to be both a steep learning curve and invaluable. It has without a doubt
prepared me with the best possible grounding for my future career as solicitor. I have acquired and
developed immeasurable transferable skills, including client communication, file management, team
leadership, time management and case organisation. Alongside this I have discovered that I truly
enjoy working within a team, for a specific client. This has resulted in my aspiration for a different
career path in law from that which I initially wanted to pursue following completion of the LPC.
I believe that RC and I have combined a relaxed managerial style of leadership with discipline and
hard work, leading by example and enabling each team member to gain the most from their FreeLaw
experience. As I withdraw from FreeLaw my team plan to continue to work on current cases in the
new academic year, whilst also investigating ways to incorporate language speaking societies into
the work of the clinic in order to provide a translation service for members of the community whose
first language is not English and therefore improve the service FreeLaw provides. I believe that it is
this development of ideas which will continue the success and longevity of the clinic, allowing it to
grow without substituting quality over quantity. Eleanor Roosevelt said that “Justice cannot be for
one side alone, but must be for both”. It is this ideology to which the foundations of FreeLaw are
built and should continue to strive to achieve.

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FreeLaw Portfolio

  • 2. 2 “Each time a man... acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope... those ripples build a current which can sweep down the mightiest walls of oppression and resistance.” The words of Robert F. Kennedy convey the idea that within each person is the small power to make a big difference. This speaks volumes about the principle idea behind pro bono organisations such as FreeLaw and what it means to be a member working with the most vulnerable and less affluent members of society. For its clients FreeLaw represents the hope that justice can be sought regardless of financial circumstances. The work of the organisation has always been invaluable however; following a vast reduction in the people eligible for legal aid, the clinic has seen its intake of clients increase dramatically during the latest academic year. Due to this rise in demand, FreeLaw has responded and now consists of eight student teams, each led by two team leaders. All research and advice is ratified and supervised by qualified senior members of staff before being relayed to clients, with the organisation’s own standard of expectation that clients will receive their first letter of legal assistance within two weeks of their initial interview at the clinic. The aim of FreeLaw is to provide a public service whilst simultaneously breaking through the boundaries of academia, allowing students the opportunity to move beyond formal teaching and enabling them to gain insight and experience of real practice. This portfolio will contain a presentation of my two most prominent cases, the process in which they were conducted and any challenges that arose and were overcome. I will also reflect upon my time as a team leader, demonstrating how I developed my management skills as the year progressed in order to become more productive and responsive. I will also evidence how I have utilised my innovative skills within the FreeLaw clinic in order to expand and develop the quality of its services and strive for a successful future.
  • 3. 3 Client A First Contact Client A became aware of FreeLaw as a result of reading one of the clinic’s flyers. She initially made telephone contact in order to arrange a time for a face to face initial interview. An unidentified FreeLaw colleague informed her that drop-in sessions were conducted from 1-3pm every Wednesday afternoon. Subsequently Client A’s arrival with her sister coincided with the first official clinic session for myself, my co-team leader (RC) and the rest of our team and we had not been pre- informed of Client A’s appointment. I consequently invited her for interview alone whilst RC inducted our team in what the year of FreeLaw would entail. In hindsight due to the lengthy interview it would have been appropriate to have asked an experienced third year colleague to assist me in the interview, as producing a second set of interview minutes would have proved prudent and beneficial. Reflection on Interview The client had made contact with the clinic after a long dispute with the defendant, who I shall refer to as BD, involving a disputed refund of purchase money made. Full minutes of the interview are located in Appendix A. It was clear from the start of the interview that the client and her sister were deeply distressed by their experience with BD. Due to this I tried to implement active listening techniques such as head nodding, recapitulations and minimal encourages in order to comfort and reassure the client. As I had no prior knowledge of the case I initially used open ended questions, allowing the client to explain in depth the facts of the case. However, the core issue of the case soon became apparent, subsequently I narrowed my questions to give the interview structure and purpose in an effort to minimise irrelevant information disclosure. Although this helped to progress the interview to a certain extent, the client at points became so distressed that she had to pause in an effort to compose herself. During my three years of working at the clinic I have come to understand that most cases are extremely personal and often distressing in nature to the client when being recounted. Although I was conscious of the time constraints, I wanted my client to feel secure and not pressured in the FreeLaw environment. Consequently I allowed her to take her time in her explanation of the facts. This subsequently led to the interview’s duration being lengthily, despite my attempts to target crucial information.
  • 4. 4 Reflection on Researchand Advice After assigning the case to five members of the group and productive discussion of the case facts, we decided that the appropriate legal dispute would stem from a commercial standpoint concerning the sale of goods. Initial research concerning different aspects of the case was distributed between the members who then uploaded them onto the clinic’s database. Part of this research is evidenced in Appendix B. I conducted research into Campylobacteriosis the illness to which the puppies had allegedly died from and discovered that the incubation period is typically two to four days. From the facts stated by the client this would mean that the dogs had caught the disease whist in the care of BD. Upon this discovery I called another meeting with the members of the group working on the case in order to discuss this new lead. Together we determined that any hopes of settlement were confined in s 14 (2A) of the Sale of Goods Act 1979 although we surmised that the apparent character of BD would mean that settlement was unlikely. The client had informed us that she had a designated case manager assisting with the case from the Citizens Advice Bureau, who we immediately contacted. Although at first we were delighted with the prospect of another organisation’s assistance, this later proved to be problematic as the case manager was hard to make contact with due to their working hours and that they actually had no specific legal knowledge when it came to dealing with Sales of Goods issues. Due to this, RC and I made an executive decision not to use the case manager to assist with our research, with the time it took to contact and decipher information proving to be wasteful and consequently hindering the case. From a reflective outlook this was the right decision as the group were free to conduct their own set research and start to produce advice without the constraints of a third party. This also made the case more manageable from a leader’s perspective. The first advice letter for this case was sent to the client the week following the initial formal interview and therefore within standard timescale. It detailed the point of law we intended to use to gain a refund of the client’s money, followed by clear instructions for the client in the event that she should receive her refund. The client made it clear that she was not confident with using email as a method of communication. In anticipation of this I stated in the advice letter that she was welcome to ring the clinic directly, rather than emailing, should she have any further questions or enquiries as to our research. The client seemed reassured by this as she rang the clinic just days later in order to thank us for our work and to reflect on our findings. Following the initial interview and frequent telephone contact, I built a professional rapport with the client which enabled me to direct phone calls through the use of narrow questions in order to limit any irrelevant information to which the
  • 5. 5 client was prone. Due to this rapport, the client did not interpret my questions as being unsympathetic, but rather she understood that they were simply to make our conversations more concise and productive. This she seemed thankful for during the later stages of the case and consequently I was pleased with the progression we were able to make together. Reflection of Overall Client Experience After each member had conducted their assigned research I formulated a letter to be sent to BD with the aim to retrieve the sought after refund of purchase money without having to file a claim to court. This letter can be seen in Appendix C. BD’s reaction to this letter was an incredibly aggressive letter of response and the first time that I had experienced such a belligerent reaction whilst working at the clinic. It allowed me to truly test my skills as a leader by demonstrating authority and reliance. After calling a meeting with the rest of the team we unanimously decided on an appropriate response to BD’s letter, simply restating our position and thus that of our client in requiring the refund of purchase money by reiterating the position of the law citing the relevant authority. The client was informed of the response given by BD and asked for their opinion on the matter. I have learned through my years at the clinic that a vital part of legal practice is good client communication, that as solicitor’s it is our job to be instructed by our clients and to gain their thoughts and desired response before conducting a new direction for research. Especially in circumstances such as this, where clients are true laymen of the law, it is important not only to clarify that your actions are subject to their direction but also what different avenues of direction are available to them, enabling them to make informed decisions. We informed the client that their greatest chance of success would be to proceed to the small claims court. It was understood that this prospect may have been incredibly intimidating, so I requested a letter to be drafted by a member of the team clearly stating the court’s process and formalities which can be seen in Appendix D. As a result of this letter the client was able to make a fully informed decision as to whether they wished to proceed to court which in turn enabled her to feel reassured as to the decision she was making. Unfortunately at the time of this response our client had suffered a personal tragedy and felt unable to pursue her case. Although the team were keen to progress the case further by following through with our proposed course of action to BD about proceeding to the small claims court, I had to conduct authority by reiterating the fact that it is for the client to make such decisions and that at this sensitive time we should be respectful of her altered circumstance. As a result I promptly made telephone contact with the client prior to the Easter vacation to inform her that we would be in
  • 6. 6 contact the following month to discuss her instruction. In doing so our team relieved the client of any pressure she may have felt towards the case, and was reassured that it was still active. Upon contacting the client after the academic break she decided that she no longer wanted to continue with proceedings to the small claims court and therefore with her agreement, closed her case. Personal Reflection This was my first case conducted as a team leader in the clinic. I have gained invaluable experience in dealing with difficult respondents and overseeing the work of my group as well as developing effective interview techniques and subsequent communication. In particular, formulating letters to a difficult respondent taught me how to deal with confrontation in practice and that criticism is not conducted on a personal level. I learnt that it is imperative for both your clinic and your client to stand by your convictions and to have confidence in your legal authority in order to produce results. This case increased my confidence levels as a practioner and prepared me for the remainder of the academic year as both a member and team leader of FreeLaw.
  • 7. 7 Client B- FS Client B had made contact with the FreeLaw clinic via email and was originally allocated to a different team, however due to several of my cases concluding, I volunteered to lead the interview. The teams within FreeLaw are mutually supportive of each other and participate in workload re- distribution to manage time effectively and provide an efficient service. RC and I were informed prior to the interview the case concerned an Employment Appeal Tribunal (EAT). We therefore then conducted research into the general process of an EAT to gain a basic knowledge and understanding before meeting with Client B. Client Interview Client B’s interview was conducted by myself and three accompanying group members. Normally RC and I would refrain from using so many members to interview, however we were advised that Client B’s case was complex and therefore felt that two scribes were needed alongside two speakers. This strategy proved successful as me and a fellow speaker afforded our full attention by engaging with the client directly with frequent eye contact and using reassuring non verbal communication. This also allowed for two sets of interview minutes to be compiled thus ensuring that all information was documented from the client, as evidenced by Appendix E. Similar to the aforementioned case, Client B’s interview was extremely long as the facts of the case were spread over the last twenty years. Due to this long dispute and varying dispute with her employer, it was decided that the interview minutes should take the form of table, so all the different issues could be easily organised and accessed. The is evidenced in Appendix F. It was apparent from the interview onset the client had prepared exactly what she was going to disclose, therefore I used open questions to allow her the freedom to detail the facts. However, as the interview progressed she was engaged in closed questioning to help prevent her deviating from the main issues. Client B had an accent that was at times difficult to understand. This meant that clarification was often needed to ensure that we had heard and understood her correctly. On reflection I feel that I could have directed the interview with the use of narrow questions earlier then I did. The reason for not doing this I believe is that I still lacked the confidence to executively decide whether certain facts were relevant to the case. By continuing to work with FreeLaw next year I feel that my confidence and legal instinct will develop and I will be able to direct the client towards a more structured style interview.
  • 8. 8 Researchand Advice Due to the facts of the case taking place on various different dates dating back twenty years it was extremely difficult to pin point the legal issues relevant to the particular incidents. In concluding the initial interview we attempted to establish Client B’s expectations of FreeLaw’s input, however in reality I do not think she truly understood the case herself and was therefore unable to give us much guidance. After reading through her case bundle and researching the key facts she presented, we realised that what the client sought from the clinic was not of a strictly legal basis but rather a procedural one. Upon this realisation we were then able to focus our research on procedural processes specifically relating to EAT’s, how the hearings are conducted and what is required in the bundle. In particular the client required us to formulate a bundle index, and then file its information in accordance to it. The research conducted into this is evidenced in Appendix G. The client was also persistent in wanting to know the likelihood of her case’s success, for this we conducted research into case law that bore similar facts to that of the client. Subsequently we found the case of Davies v Sandwell Metropolitan Borough Council1 which portrayed almost identical facts to Client B’s case. From this we had a good indication as to how the judge may receive the case and therefore we were able to direct the client, that the outcome may not be favourable. Her demanding, confrontational manner was initially difficult to manage as I did not want to upset her. However, I understand that it was my responsibility as group leader to be honest with clients and not to let my own feelings hinder that of my professional duty to inform clients with candid feedback. This case has further developed my professional confidence to act in a direct, yet personable and sensitive manner when informing clients of disappointing news. 1 (Rev 1) [2013] EWCA Civ 135
  • 9. 9 Development as a Team Leader The Role of the Partnership As a newly fledged group leader certain core responsibilities are required in order to create a foundation of skills to which our own style is incorporated and built upon. Such responsibilities included effective communication with supervisors, fellow leaders and team members, adopting a procedural style to maintaining client files and reminders of clinic sessions. All these are aimed at promoting the successful running of our FreeLaw team. At the beginning of the year RC and I discussed how we were going to build upon these core ideas in order to adapt them to our own style of leadership. The primary goal was to keep everyone working and constantly progressing. Initially, we decided to create a list of objectives and tasks to complete before every clinic session. This proved to be incredibly useful as it allowed us to structure each session, set out a list of aims for our time in the lodge and increased productivity and time management. Although we were not always able to complete all our set objectives it allowed us to keep track of what had been achieved, and what was yet to be completed. As the year progressed we were able to better understand what our team were capable of achieving in our set clinic sessions and what tasks would be too ambitious. We decided that one of us would be the main convenor for each new case, alternating each time depending on current case load and specific knowledge of the legal issue. This allowed our group to have one clear leader for each case to whom they would direct all questions and send all letters to be checked. This avoided miscommunication and duplication as co team leaders. Due to this practice, RC and I also agreed to meet monthly, separate to our members, in order to discuss case development and file management whilst also providing peer support. This facilitated communication between both us and the group. Our only significant challenge lay in our chosen method of case distribution. From the beginning both RC and I maintained that our members should be able to choose the cases they wanted to work on based on interest in the area of law or as a result of module speciality. For the first two weeks this worked well everyone had demonstrated eagerness and willingness to participate in most cases. However, as academic pressures ensued, group members would not only stop volunteering for cases but would actively refuse them due to academic assignments. This was concerning for RC and myself, who agreed that this reticence had to be promptly addressed. As I am more extroverted than
  • 10. 10 my fellow team leader, I emailed the group stating our expectation of their commitment to the FreeLaw work load on the matter. This is evidenced in Appendix H. This assertive style of leadership was not something I had practiced before becoming a group leader but proved to be incredibly effective. I was cautious not to lose the respect of my team members or alienate them whilst also trying to effectively communicate the importance of voluntary participation. I feel that my timely communication achieved this goal as each and every member stepped up in response. Since then we have not experienced any problems and each member is able to work on cases they truly find interesting. I believe this aspect to leadership and delegation is vital to a voluntary organisation such as FreeLaw as it allows members to work on cases that they find fascinating, thus improving their quality of advice and work productivity. The most prominent lesson that both myself and my fellow team leader have learnt collectively has been to delegate. During semester one, having been used to working on our own cases over the past two years, we found it difficult to trust others with research and letter writing. This is something we both recognised and acknowledged within the first few weeks of office and were therefore able to rectify this going into the latter half of the semester. In doing so, our members demonstrated commitment and professionalism, reassuring us that they were more than capable of handling such responsibilities. Personal Reflection of Leadership In terms of my own personal leadership style, I feel that it is important to remember that your members are a reflection of you. By acting personally in an honest, ethical and respectful way then team members will follow suit. I tried to adopt a more transformational style of leadership, aiming to inspire members to achieve their potential through a charismatic style in order to bring a level of energy to clinic sessions. The focus of this approach was on organising, supporting and developing the team. Leading by example, I tried to create a positive work environment to maintain team morale. I achieved this by sending encouraging group messages, engaging the quieter members into conversation, arranging for social meetings outside of clinic sessions and forwarding ‘Thank you’ letters sent by clients. An example of such a letter can be seen in Appendix I. I feel that my experience as a Team Leader has allowed me gain new skills such as delegation and assertiveness, whilst enabling me to develop those that already existed such as procedural skills and effective inter-team communication and time management. This level of responsibility has enabled
  • 11. 11 me to gain transferable skills which will prove invaluable to the progression of my future career in practice.
  • 12. 12 Additional Information about Involvement with FreeLaw Boon A (1996) talks about the reflective process a student must complete in order to develop understanding from not just an academic perspective but from one of a practicing solicitor. During my three years working at the clinic I have been able to reflect not only on my personal experience as student advisor, but also how clients view the standard of service which FreeLaw provides. Consequently I decided to assess the facilities that were currently being provided by the clinic to see if there was any way in which FreeLaw could change to provide a better quality of service for its clients. Reasonable Adjustments Policy Upon this evaluation I recognised that there was a serious issue concerning the service that was currently provided to disabled clients. In terms of those suffering from a physical disability, although there is a level access point to the FreeLaw lodge, all interviews were conducted up a flight of steep and narrow stairs. For people using wheelchairs or with general mobility issues an inability to negotiate stairs would render the interview process difficult in some cases impossible. Furthermore, this issue would not come to light until the client had entered the clinic for the first time, thus highlighting the lack of adjustments in place for the client and making initial contact an embarrassing and unprofessional experience for both client and group member. In order to rectify this I believed that clients should be given the opportunity to inform the clinic prior to their interview if they had any special requirements that we needed to be aware off. Therefore, if informed we could then make reasonable adjustments ahead of any contact, such as finding level access rooms for those with mobility issues or change the method of contact should the client suffer from a learning difficulty such as dyslexia. To implement this practice I decided to draft a letter which would be sent to clients before their initial interview asking them to inform us if they would like us to accommodate any needs as a result of a mental health, learning difficulty or physical disability as defined by the Equality Act 2010. My original letter and the amended final version can be seen in Appendix J. At first my supervisor agreed this to be an innovative idea and placed the letter as an addition to the initial letter which was automatically sent to each new client. However, this process was flawed as the initial letter is sent after the client’s interview, therefore making the information gained not timely to effective action. Instead, it was decided that the most appropriate place for the information would be on FreeLaw’s newly formed website where clients could read the information and use an online messaging system
  • 13. 13 in order to inform members of any adjustments needed prior to their interview. Although the information is yet to go live, I believe that it will bring the clinic in line with professional practices’ policies on disabled access and better improve the quality of service that FreeLaw provides. End of SemesterNotification Documents Despite numerous template documents formulated by current and past students located on the FreeLaw database I noticed that there was no specific template letter for when the clinic closed for Christmas and Easter vacation periods. I found this to be problematic for my group throughout the years as some students would send advice letters to clients detailing advice coinciding with the fact that we would be closed for the holiday duration, whilst others would send out separate letters detailing this. Not only did this waste a significant amount of time and effort, it also looks very unprofessional and portrays to clients a lack of communication between members in the clinic. Accordingly I drafted a template letter that can be seen in Appendix K. Now group leaders can instruct their members to send out a copy of this template letter to each of their clients before the clinic’s closure every semester. This ensures that all clients are kept well informed of the clinic’s availability and allows for a professional and uniformed method of practice. Member’s Questionnaire During a meeting between RC and me, we discussed other avenues of opportunity in order to improve the service that FreeLaw provides. Together we thought that the client survey which was already in place was an excellent idea, but that this could be expanded upon by developing one purposefully designed for the student members of FreeLaw so leaders could be informed of their experiences to date through constructive feedback. RC and I thought that we could formulate this survey and trial it within our own group in order to decide if it needed to be amended. The survey can be seen in Appendix L. Our first issue was that the scale used to describe the quality of experienced ranged from 1, equating to strongly disagreeing, to 5, to strongly agree. Unfortunately many of our members were confused by this scale and thought that it was inverted. This is something we amended before allowing the other group leaders to distribute the survey to their group. Our second issue was that of confidentiality. When drafting the survey we implemented an additional comments section in order for students to express individual concerns or requests relating to interviews and research tasks. Although we wanted the surveys to be confidential in order to obtain honest answers, we were faced with the dilemma that the surveys would not be achieving their intended purpose if individual
  • 14. 14 students expressly wished to increase/ decrease their FreeLaw responsibilities. After deciding to leave the additional comments section in the survey, students are able to keep their identity unknown by leaving the section blank and instead they may approach their leaders in person aside from the survey in order to discuss any individual concerns they may have. Once we had finalised the content of the survey we distributed it to all our fellow group leaders, who in turn asked their members to complete and send it back. The final student survey report and results gathered from all the groups can be seen in Appendix M. Upon reflection I feel the survey was needed in order to gain a true perspective of student’s opinions of their FreeLaw experience. This is important as FreeLaw must recognise the value of its member’s hard work and strive to improve aspects which require development. By doing this, FreeLaw can be constantly improving the way in which its services are conducted and continue to grow and succeed long into the future. Conclusion The three years experience I have had working in the FreeLaw clinic initially as a team member and then leader have proved to be both a steep learning curve and invaluable. It has without a doubt prepared me with the best possible grounding for my future career as solicitor. I have acquired and developed immeasurable transferable skills, including client communication, file management, team leadership, time management and case organisation. Alongside this I have discovered that I truly enjoy working within a team, for a specific client. This has resulted in my aspiration for a different career path in law from that which I initially wanted to pursue following completion of the LPC. I believe that RC and I have combined a relaxed managerial style of leadership with discipline and hard work, leading by example and enabling each team member to gain the most from their FreeLaw experience. As I withdraw from FreeLaw my team plan to continue to work on current cases in the new academic year, whilst also investigating ways to incorporate language speaking societies into the work of the clinic in order to provide a translation service for members of the community whose first language is not English and therefore improve the service FreeLaw provides. I believe that it is this development of ideas which will continue the success and longevity of the clinic, allowing it to grow without substituting quality over quantity. Eleanor Roosevelt said that “Justice cannot be for one side alone, but must be for both”. It is this ideology to which the foundations of FreeLaw are built and should continue to strive to achieve.